| It may go by a slightly different name from state to | | | | Although many states allow the driver to elect which |
| state, but it's universally considered a crime for a driver | | | | test they'd like to take, all states have what is known |
| to operate a motor vehicle while under the influence of | | | | as "implied consent". This simply means that when an |
| alcohol or other drugs. Depending on which state | | | | individual accepts a driver's licenses, which is |
| you're in, it can go by the title driving while intoxicated | | | | considered a privilege, the driver is giving his or her |
| (DWI), operating under the influence (OUI), and driving | | | | consent to being tested if it is reasonably believed that |
| under the influence (DUI). | | | | the driver may be impaired. Also, if the driver refuses |
| Regardless of the title, these laws make it a crime to | | | | to take a sobriety test or a chemical test, implied |
| drive under the influence of drugs or alcohol when | | | | consent laws impose stiff penalties. These include |
| certain conditions are met. One such condition is that | | | | mandatory driver's license suspension. |
| the driver's ability to operate the vehicle safely is | | | | If convicted of driving under the influence, criminal |
| undermined by drugs, including alcohol, street drugs, | | | | penalties may ensue. The consequences of a DUI |
| prescribed medication, and even antihistamines. Also, | | | | conviction include jail time, community service, fines and |
| the driver must meet certain impairment levels as | | | | probation. The severity of the punishment varies from |
| established by each state. This is often called the | | | | state to state. Other factors may increase the |
| blood-alcohol concentration, or BAC. | | | | severity of DUI penalties. For example, a history of DUI |
| It's common for a law enforcement officer to stop a | | | | convictions or having a child in the vehicle may make |
| vehicle if it's suspected that the driver is impaired in | | | | the punishment harsher. Additionally, if the driver was |
| some way. The officer usually conducts what's called | | | | simultaneously committing another moving violation, the |
| a field sobriety test. The officer may also ask for a | | | | penalty is often more severe. |
| chemical test of some kind. Again, the process will | | | | If a loved one is arrested for driving under the |
| depend on the particular state. | | | | influence, it is wise to find an attorney skilled at DUI |
| The field sobriety test may include physical tests like | | | | defense cases. The penalties of driving under the |
| having the driver walk in a straight line. The test may | | | | influence include jail time and a suspended license. One |
| also be cognitive, like reciting the alphabet in reverse. | | | | of the primary tasks of the DUI defense attorney is to |
| The chemical test done at the time of the incident may | | | | analyze the evidence involved. This includes the field |
| involve a "Breathalyzer". This device measures the | | | | test and the results of any chemical tests that may |
| blood-alcohol-concentration of the driver. Chemical | | | | have been conducted. Choosing an experienced |
| tests can also be done at a hospital and include blood | | | | lawyer may make the difference between a severe |
| or urine tests. | | | | and a less harsh penalty. |